2004-10-12MOUND CITY COUNCIL MEETING
OCTOBER 12, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, October 12, 2004, at 7:30 p.m. in the council chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus,
David Osmek and Peter Meyer.
Others Present: City Attorney Mary Tietjen, City Manager Kandis Hanson, Community
Development Director Sarah Smith, John Evans, Paul Waldron, Gene Zulk,
Consent Agenda: Afl items listed under the Consent Agenda are considered to be
routine in nature by the Council and will be enacted by a roll call vote. There will be no
separate discussion on these items unless a Councilmember or citizen so request, in
which event the item will be removed from the Consent Agenda and considered in
normal sequence.
1. Open Meetinq
Mayor Meisel called the meeting to order at 7:30 p.m.
2. Pledge of AIleqiance
3. Approve Agenda
MOTION by Brown, seconded by Osmek to approve the agenda. All voted in favor.
Motion carried.
4. Consent Aqenda
MOTION by Brown, seconded by Hanus to approve the consent agenda. Upon roll call
vote, all voted in favor. Motion carried.
A. Approve minutes of September 28, 2004.
B. Approve payment of claims in the amount of $681,713.53.
C. Approve payment requests
1. Payment Request No. 1 from Rosti Construction for $44,084,75 for the 2004
Retaining Wall Replacement Improvement Project
2. Payment Request No. 5 from Valley Paving for $101,976.80 for the 2004
Street Reconstruction Project
3. Payment Request No. 10 from Environmental Associates for $48,905.17 for
the Lost Lake Greenway Project
D. RESOLUTION NO, 04-118: RESOLUTION APPROVING A PREMISES
PERMIT APPLICATION FOR GAMBLING AT DAILEY'S PUB
E. Set special meeting workshop to discuss Docks Program for October 28, 2004,
at 6:30 p.m.
Mound City Council Minutes - October 12, 2004
F. Approve Planninq Commission Recommendation
RESOLUTION NO. 04-119: RESOLUTION TO APPROVE WAIVER OF
PLATTING REQUEST FOR THE PROPERTIES LOCATED AT 3225 DEVON
LANE AND 4811 HANOVER ROAD FOR A LOT REARRANGEMENT. P&Z Case
#04-35, PID #25-117-24-11-0025 & PID #25-117-24-11-0153
5. Comments and suq.qestions from citizens present on any item not on the
a_clenda.
John Evans, 2025 Arbor Lane, was present and expressed concern over maintenance
issues of the Lost Lake Channel, and over the dumping of fertilizers into the channel.
Meyer stated he is a citizen and wants to talk about an item relating to the 2005 budget.
Discussion followed whether this item should have been added to the agenda when
appropriate. Meyer asked for an interpretation from the City Attorney if he is allowed to
speak as a citizen, and was informed that it is not a legal issue but a matter of council
policy.
Meyer asked if it is legal to refuse him to make a statement as a citizen and Tietjen
answered that not knowing what the substance of the comments will be, if it has to do
with an agenda item that the council the council should address it as a group instead of
what his opinion is as a citizen. It's difficult to give a legal opinion because it's not a
legal issue, rather a matter of procedure for the Council to decide.
Hanus suggested have Meyer request the City Manager to add a budget workshop and
discuss his points there instead of public forum for his public campaign activities.
Meyer stated there has never been a citizen not allowed to speak at the public forum
and requests he be allowed his three minutes.
Osmek commented he is comfortable to let Meyer be allowed his three minutes just to
get on with the meeting, but the other candidates should be given the same opportunity
at the next council meeting.
Meyer approached the podium as a citizen to discuss the street light and utility franchise
fees, stating that these taxes should go to the general fund.
6. Public Hearings
A. Action on resolution adopting 2004 delinquent water and sewer assessments.
Mayor Meisel opened the hearing at 7:50 p.m.
David Beahen, 1590 Eagle Lane, stated he received a sewer bill over $900/quarter,
which is twice his usual annual usage and talked to Public Works who replaced the
meter and then his bill went back to normal. He hasn't received feedback since the
meter was replaced. It was the consensus of the Council to remove his property, PID
Mound City Council Minutes - October 12, 2004
#13-117-24-12-0112 for $822.20 from the list included on the assessment resolution.
His bill will be resolved by staff.
Meisel closed the public hearing at 7:55 p.m.
MOTION by Brown, seconded by Osmek to adopt the following resolution as amended,
omitting PID 13-117-24-12-0112. All voted in favor. Motion carried.
RESOLUTION NO. 04-120: RESOLUTION NO. 04-120: RESOLUTION ADOPTING
2004 DELINQUENT WATER AND SEWER ASSESSMENT TO BE CERTIFIED TO
THE COUNTY AUDITOR AT 6% INTEREST. LEVY #16150.
7. Update from School Superintendent Gene Zulk
Gene Zulk addressed the public and Council regarding the state of the school district,
and congratulated the council on the Lost Lake Greenway project, stating that the
improvement of the downtown has positive impact on the schools. He also handed out
information on the upcoming two levies that will be on the November 2nd ballot.
Paul Waldron and Associates
A. Introduction of Paul Waldron, consulting buildin.q official
B. Action on ordinance repealing 300.01 and 300.20 and adopting a new chapter
300.02.
It was noted that this is a basically a housekeeping item.
MOTION by Brown, seconded by Osmek to pass the following ordinance. All
voted in favor. Motion carried.
ORDINANCE NO. 10-2004: AN ORDINANCE REPEALING MOUND CITY
CODE CHAPTER 300.01 (STATE BUILDING CODE), MOUND CITY CODE
CHAPTER 300.05 (ORGANIZATION AND ENFORCEMENT) AND MOUND
CITY CODE CHAPTER 300.20 (FEES) IN THEIR ENTIRETY AND ADOPTING
A NEW MOUND CITY CODE CHAPTER 300.02 (MINNESOTA STATE
BUILDING CODE) WHICH PROVIDES FOR THE APPLICATION,
ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE
BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT,
AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN
THE CITY OF MOUND, PROVIDES FOR THE ISSUANCE OF PERMITS, AND
COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION
THEREOF.
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Mound City Council Minutes - October 12, 2004
C. Action amendinq ordinance amendinq Section 380 to the Mound City Code as it
relates to establishing land use fees for the City of Mound.
MOTION by Osmek, seconded by Hanus to pass the following ordinance. All
voted in favor. Motion carried.
ORDINANCE NO. 11-2004: AN ORDINANCE AMENDING SECTION 380 TO
THE MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE
FEES FOR THE CITY OF MOUND.
9. Approve resolution ordering preparation of report on 2005 Street
Reconstruction project
MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 04-121: RESOLUTION ORDERING PREPARATION OF REPORT
ON 2005 STREET RECONSTRUCTION PROJECT
10. Board of Appeals and Adjustment: Review of Buildinq Permit Application -
Gene & Brenda Peterson at 6033 RidRewood Road
Smith reviewed the case, stating that pursuant to city code, the City Council will review
a building permit application submitted by Gene & Brenda Peterson to allow
modifications to an existing detached garage at 6033 Ridgewood Road, which is
currently non-conforming due to a deficient front setback.
Recent amendment to State Statute 457.462 allows improvements to be made to non-
conforming structures as long as they are not expanded. The question raised with the
building permit is whether a roofline alteration and dormer construction which does not
extend the non conforming front setback condition, is an expansion or an improvement.
Mound City Code currently allows alteration of non-conforming structures as long as
alteration or modification meets all provisions of the code. PC reviewed the case at its
October 4th meeting and recommended that the roofline alteration qualifies as an
expansion and therefore requires variance approval due to added bulk within the
roofline.
Council discussed the case, including the fact that the roof modifications do not expand
the building footprint or increase hardcover and that there is no livable space within the
detached garage, therefore the use is not changing and the setback is not being
increased. Council also discussed that the change in roofline does not expand the non-
conforming front setback condition.
MOTION by Brown, seconded by Hanus to approve the building permit and direct staff
to prepare a resolution for the next agenda, making findings of fact that the project is not
an expansion of a non-conforming condition. The following voted in favor: Brown,
Hanus, Meisel, Meyer. The following voted against: Osmek. Motion carried.
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Mound City Council Minutes - October 12, 2004
11. Review of Membrane Structure Ordinance, with any necessary action
Smith gave a brief history of the membrane structure ordinance, stating that the most
recently adopted ordinance and the draft proposed by the Planning Commission are
included in the packet. Staff requested that Council give direction on what changes
they want incorporated into the existing ordinance.
Hanus thinks the ordinance is sufficient for commercial and business zones, however
he would like to change residential zones so that membrane structures have to meet
setbacks of other accessory structures. Osmek agrees with this restriction.
Council directed staff to incorporate their suggestions into the existing ordinance and
bring it back for consideration at the next meeting.
12. Miscellaneous/Correspondence
A. Correspondence: Lake Minnetonka Conservation District
B. Minutes: September 20, 2004 Planning Commission
October 4, 2004 Planning Commission
13. Adjourn
MOTION by Brown, seconded by Osmek to adjourn. All voted in favor. Motion carried.
¢kttest: Bonnie F~tter: (~ity Cl~-rk
Mayor Pat Meisel
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